R KUMAR Vs. G RAJAGOPAL

JUDGEMENT

(1.) THIS petition has been filed, praying to call for the records in C. C. No. 11910 of 2007 on the file of III Metropolitan Magistrate, George Town, Chennai, and to quash the same.

(2.) PETITIONERS are the accused in the Calendar Case, which is taken on file, on a private complaint lodged by the respondent/complainant, alleging that the petitioners are liable for prosecution under Sections 384,406,420,422,423,424,448,477a and 506 IPC.

(3.) THE case of the respondent is that he applied for a housing loan with HDFC Bank and was offered a sum of Rs. 9. 00 lakhs, which was limited to Rs. 8. 50 lakhs, and the said amount was received by him in instalments, by mortgaging his property, sprawling to an extent of 1965 sq. ft. , comprised in Survey No. 758/2, Madambakkam Village, Tambaram Taluk, Kancheepuram District. It is his further case that the first petitioner approached him, representing that he was a builder, engaged in the construction of houses/buildings to various persons; on that score, at the first instance, the respondent paid a sum of Rs. 3. 00 lakhs to the first petitioner, for which the latter agreed to construct a house, but he delayed to construct the house for the respondent; subsequently, the first petitioner fraudulently persuaded the respondent to agree for discharging of loan by him on behalf of the respondent in instalments; so saying, the first petitioner obtained General Power of Attorney on 11. 06. 2005 from the respondent, with an authorisation to move the HDFC Bank, for further course of business; on the strength of the said Power of Attorney deed, the first petitioner executed a sale deed in favour of his wife, namely, second petitioner, with respect to the house which he constructed in the respondent's land; the first petitioner also obtained an undated cheque for a sum of Rs. 3. 00 lakhs from the respondent and, added to the above, from the very inception of the nexus with the first petitioner, the respondent was totally deceived and cheated, with a mala fide and criminal intention, to cause huge loss and that the first petitioner fraudulently obtained all the documents, which were entrusted to HDFC Bank, towards loan.